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Bicycle Accident Lawyer Resources

6 articles from our library

Bicycle crash cases are decided in the margins that most drivers never think about. Was the cyclist in a marked bike lane? Did a parked driver swing a door open without looking? Did the bus or truck make a right turn across the cyclist's line of travel? The physics leave cyclists with serious injuries even in low-speed collisions, and the legal analysis has to work through state-specific rules on right of way, helmet use, and comparative fault that do not come up in a normal car case.

One issue that turns up in almost every bicycle case is insurance coverage. Cyclists are often covered by uninsured and underinsured motorist provisions in their own auto policy, or in a household member's policy, even when they are not in a car at the time of the crash. That coverage is routinely overlooked by cyclists who assume they have no options because they do not own the car. Another recurring issue is the helmet defense, which defendants raise aggressively, though state law varies on whether the lack of a helmet can actually be used to reduce damages.

George Goldberg has handled bicycle injury cases across multiple states and knows how to push back on lowball offers that fail to account for long recovery times, soft tissue damage from being thrown from a bike, and the psychological impact on cyclists who must get back on the road. We also know how to document dooring cases, failure-to-yield cases, and hit-and-run cases involving riders.

Below you will find articles on cyclist rights, insurance coverage traps, what to do after a crash, and how fault is apportioned. The FAQ covers the questions we hear most from riders after a collision.

If you were hit while riding, call us before speaking with any insurance company. Consultations are free. 1-888-352-9243

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Frequently Asked Questions

Can my own auto insurance cover a bicycle accident?
Often yes. Uninsured and underinsured motorist coverage on your own auto policy typically follows you as a cyclist or pedestrian, even when you are not in a car. Coverage on a household member's policy may also apply. This is one of the most commonly missed sources of recovery in bike cases.
Does not wearing a helmet hurt my case?
It depends on state law. Some states prohibit using the absence of a helmet as evidence of comparative fault in injury cases, while others allow it to reduce damages for head injuries if the lack of a helmet made the injury worse. The question is state-specific and fact-specific.
What is a dooring accident and who is at fault?
A dooring crash happens when a person in a parked vehicle opens a door into the path of a cyclist. Many states have specific statutes requiring drivers and passengers to check before opening a door, and violations of those statutes support liability against the person who opened the door.
Do cyclists have the same right of way as cars?
In most states, bicycles are treated as vehicles and cyclists have the same rights and responsibilities on the road as drivers, with some exceptions for bike lanes and certain intersections. Drivers are not allowed to push cyclists out of a lane or fail to yield simply because the cyclist is slower.
What should I do right after a bicycle crash?
Seek medical attention, call the police so there is an official report, get contact information for any witnesses, photograph the scene and the damage to your bike, and preserve the bike and helmet in their post-crash condition. Do not repair or dispose of the bike until we have documented it.
How long do I have to file a bicycle accident claim?
The same personal injury statute of limitations that applies to other traffic collisions in your state. Call us to confirm the exact deadline for your case and to make sure nothing is lost to delay.

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George Goldberg and the Goldberg & Loren team have spent 32+ years and handled over 20,000 injury cases. Free consultation. You pay nothing unless we win.

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